1TheFlaginModernAmericaSecondEdition

ByBarryJ.Lipson

2The Flag in Modern America(A Photo Essay)

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Appendix

THE FLAG CODE

United States Code Title 4 Chapter 1 The Flag

1. Flag; stripes and stars on

The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of theflag shall be forty-eight stars [Note: Per 2 now fifty stars], white in a blue field

2. Same; additional stars

On the admission of a new State into the Union one star shall be added to the union of the flag; and suchaddition shall take effect on the fourth day of July then next succeeding such admission

3. Use of flag for advertising purposes; mutilation of flag

Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or causeto be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag,standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to publicview any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwiseplaced, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, ordrawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell,expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use forany purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or articleor thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or

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otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to,decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of amisdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirtydays, or both, in the discretion of the court. The words "flag, standard, colors, or ensign", as used herein, shallinclude any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts ofeither, made of any substance or represented on any substance, of any size evidently purporting to be either ofsaid flag, standard, colors, or ensign of the United States of America or a picture or a representation of either,upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part orparts of either, by which the average person seeing the same without deliberation may believe the same torepresent the flag, colors, standard, or ensign of the United States of America.

4. Pledge of allegiance to the flag; manner of delivery

The Pledge of Allegiance to the Flag: "I pledge allegiance to the Flag of the United States of America, and tothe Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.", should berendered by standing at attention facing the flag with the right hand over the heart. When not in uniform menshould remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand beingover the heart. Persons in uniform should remain silent, face the flag, and render the military salute.

5. Display and use of flag by civilians; codification of rules and customs; definition

The following codification of existing rules and customs pertaining to the display and use of the flag of theUnited States of America be, and it is hereby, established for the use of such civilians or civilian groups ororganizations as may not be required to conform with regulations promulgated by one or more executivedepartments of the Government of the United States. The flag of the United States for the purpose of thischapter shall be defined according to title 4, United States Code, Chapter 1, Section 1 and Section 2 andExecutive Order 10834 issued pursuant thereto.

6. Time and occasions for display

a. It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationaryflagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-fourhours a day if properly illuminated during the hours of darkness.

b. The flag should be hoisted briskly and lowered ceremoniously.c. The flag should not be displayed on days when the weather is inclement, except when an all-weather

flag is displayed.d. The flag should be displayed on all days, especially on

o New Year's Day, January 1o Inauguration Day, January 20o Martin Luther King Jr.'s birthday, third Monday in Januaryo Lincoln's Birthday, February 12o Washington's Birthday, third Monday in Februaryo Easter Sunday (variable)o Mother's Day, second Sunday in Mayo Armed Forces Day, third Saturday in Mayo Memorial Day (half-staff until noon), the last Monday in Mayo Flag Day, June 14o Father's Day, third Sunday in Juneo Independence Day, July 4o Labor Day, first Monday in Septembero Constitution Day, September 17o Columbus Day, second Monday in October

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o Navy Day, October 27o Veterans Day, November 11o Thanksgiving Day, fourth Thursday in Novembero Christmas Day, December 25o and such other days as may be proclaimed by the President of the United Stateso the birthdays of States (date of admission)o and on State holidays.

e. The flag should be displayed daily on or near the main administration building of every publicinstitution.

f. The flag should be displayed in or near every polling place on election days.g. The flag should be displayed during school days in or near every schoolhouse.

7. Position and manner of display

The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is,the flag's own right, or, if there is a line of other flags, in front of the center of that line.

a. The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection(i) of this section.

b. The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or aboat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clampedto the right fender.

c. No other flag or pennant should be placed above or, if on the same level, to the right of the flag of theUnited States of America, except during church services conducted by naval chaplains at sea, when thechurch pennant may be flown above the flag during church services for the personnel of the Navy. Noperson shall display the flag of the United Nations or any other national or international flag equal,above, or in a position of superior prominence or honor to, or in place of, the flag of the United States atany place within the United States or any Territory or possession thereof: Provided, That nothing in thissection shall make unlawful the continuance of the practice heretofore followed of displaying the flag ofthe United Nations in a position of superior prominence or honor, and other national flags in positions ofequal prominence or honor, with that of the flag of the United States at the headquarters of the UnitedNations.

d. The flag of the United States of America, when it is displayed with another flag against a wall fromcrossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff ofthe other flag.

e. The flag of the United States of America should be at the center and at the highest point of the groupwhen a number of flags of States or localities or pennants of societies are grouped and displayed fromstaffs.

f. When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with theflag of the United States, the latter should always be at the peak. When the flags are flown from adjacentstaffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant maybe placed above the flag of the United States or to the United States flag's right.

g. When flags of two or more nations are displayed, they are to be flown from separate staffs of the sameheight. The flags should be of approximately equal size. International usage forbids the display of theflag of one nation above that of another nation in time of peace.

h. When the flag of the United States is displayed from a staff projecting horizontally or at an angle fromthe window sill, balcony, or front of a building, the union of the flag should be placed at the peak of thestaff unless the flag is at half-staff. When the flag is suspended over a sidewalk from a rope extendingfrom a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from thebuilding.

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i. When displayed either horizontally or vertically against a wall, the union should be uppermost and to theflag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayedin the same way, with the union or blue field to the left of the observer in the street.

j. When the flag is displayed over the middle of the street, it should be suspended vertically with the unionto the north in an east and west street or to the east in a north and south street.

k. When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind thespeaker. When displayed from a staff in a church or public auditorium, the flag of the United States ofAmerica should hold the position of superior prominence, in advance of the audience, and in the positionof honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayedshould be placed on the left of the clergyman or speaker or to the right of the audience.

l. The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but itshould never be used as the covering for the statue or monument.

m. The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered tothe half-staff position. The flag should be again raised to the peak before it is lowered for the day. OnMemorial Day the flag should be displayed at half-staff until noon only, then raised to the top of thestaff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures ofthe United States Government and the Governor of a State, territory, or possession, as a mark of respectto their memory. In the event of the death of other officials or foreign dignitaries, the flag is to bedisplayed at half-staff according to Presidential instructions or orders, or in accordance with recognizedcustoms or practices not inconsistent with law. In the event of the death of a present or former official ofthe government of any State, territory, or possession of the United States, or the death of a member ofthe Armed Forces from any State, territory, or possession who dies while serving on active duty, theGovernor of that State, territory, or possession may proclaim that the National flag shall be flown athalf-staff, and the same authority is provided to the Mayor of the District of Columbia with respect topresent or former officials of the District of Columbia and members of the Armed Forces from theDistrict of Columbia. The flag shall be flown at half-staff 30 days from the death of the President or aformer President; 10 days from the day of death of the Vice President, the Chief Justice or a retiredChief Justice of the United States, or the Speaker of the House of Representatives; from the day of deathuntil interment of an Associate Justice of the Supreme Court, a Secretary of an executive or militarydepartment, a former Vice President, or the Governor of a State, territory, or possession; and on the dayof death and the following day for a Member of Congress. The flag shall be flown at half-staff on PeaceOfficers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection

1. the term "half-staff" means the position of the flag when it is one-half the distance between thetop and bottom of the staff;

2. the term "executive or military department" means any agency listed under sections 101 and 102of title 5, United States Code; and

3. the term "Member of Congress" means a Senator, a Representative, a Delegate, or the ResidentCommissioner from Puerto Rico.

n. When the flag is used to cover a casket, it should be so placed that the union is at the head and over theleft shoulder. The flag should not be lowered into the grave or allowed to touch the ground.

o. When the flag is suspended across a corridor or lobby in a building with only one main entrance, itshould be suspended vertically with the union of the flag to the observer's left upon entering. If thebuilding has more than one main entrance, the flag should be suspended vertically near the center of thecorridor or lobby with the union to the north, when entrances are to the east and west or to the east whenentrances are to the north and south. If there are entrances in more than two directions, the union shouldbe to the east.

8. Respect for flag

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to anyperson or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a markof honor.

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a. The flag should never be displayed with the union down, except as a signal of dire distress in instancesof extreme danger to life or property.

b. The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.c. The flag should never be carried flat or horizontally, but always aloft and free.d. The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned,

drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, alwaysarranged with the blue above, the white in the middle, and the red below, should be used for covering aspeaker's desk, draping the front of the platform, and for decoration in general.

e. The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easilytorn, soiled, or damaged in any way.

f. The flag should never be used as a covering for a ceiling.g. The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia,

letter, word, figure, design, picture, or drawing of any nature.h. The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.i. The flag should never be used for advertising purposes in any manner whatsoever. It should not be

embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressedon paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signsshould not be fastened to a staff or halyard from which the flag is flown.

j. No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may beaffixed to the uniform of military personnel, firemen, policemen, and members of patrioticorganizations. The flag represents a living country and is itself considered a living thing. Therefore, thelapel flag pin being a replica, should be worn on the left lapel near the heart.

k. The flag, when it is in such condition that it is no longer a fitting emblem for display, should bedestroyed in a dignified way, preferably by burning

9. Conduct during hoisting, lowering or passing of flag

During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, allpersons present in uniform should render the military salute. Members of the Armed Forces and veterans whoare present but not in uniform may render the military salute. All other persons present should face the flag andstand at attention with their right hand over the heart, or if applicable, remove their headdress with their righthand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present shouldstand at attention. All such conduct toward the flag in a moving column should be rendered at the moment theflag passes.

10. Modification of rules and customs by President

Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may bealtered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander inChief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and anysuch alteration or additional rule shall be set forth in a proclamation

United States Code Title 36

301. National anthem

a. Designation. The composition consisting of the words and music known as the Star-SpangledBanner is the national anthem.

b. Conduct During Playing During rendition of the national anthem1. when the flag is displayed

A. individuals in uniform should give the military salute at the first note of the anthem andmaintain that position until the last note;

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B. members of the Armed Forces and veterans who are present but not in uniform mayrender the military salute in the manner provided for individuals in uniform; and

C. all other persons present should face the flag and stand at attention with their right handover the heart, and men not in uniform, if applicable, should remove their headdress withtheir right hand and hold it at the left shoulder, the hand being over the heart; and

2. when the flag is not displayed, all present should face toward the music and act in the samemanner they would if the flag were displayed.

302. National motto

"In God we trust" is the national motto.

303. National floral emblem

The flower commonly known as the rose is the national floral emblem.

304. National march

The composition by John Philip Sousa entitled "The Stars and Stripes Forever" is the national march.

901. Service flag and service lapel button

a. Individuals Entitled To Display Service Flag. A service flag approved by the Secretary of Defensemay be displayed in a window of the place of residence of individuals who are members of theimmediate family of an individual serving in the Armed Forces of the United States during any period ofwar or hostilities in which the Armed Forces of the United States are engaged.

b. Individuals Entitled To Display Service Lapel Button. A service lapel button approved by theSecretary may be worn by members of the immediate family of an individual serving in the ArmedForces of the United States during any period of war or hostilities in which the Armed Forces of theUnited States are engaged.

c. License To Manufacture and Sell Service Flags and Service Lapel Buttons. Any person may apply tothe Secretary for a license to manufacture and sell the approved service flag, or the approved servicelapel button, or both. Any person that manufactures a service flag or service lapel button without havingfirst obtained a license, or otherwise violates this section is liable to the United States Government for acivil penalty of not more than $1,000.

d. Regulations. The Secretary may prescribe regulations necessary to carry out this section.